CONSTITUTIONAL AFFAIRS

Parliamentary Questions

Christopher Leslie: Access rights to information held by public authorities under the Freedom of Information Act 2000 come into force on 1 January 2005.
	The following guidance sets out procedures for dealing with complaints about the handling of requests for information. This guidance makes clear that there should be no inconsistencies between the provision of information in answer to parliamentary questions and information given to citizens under the Freedom of Information Act.
	Where a member is dissatisfied with the answer to a parliamentary question there are well-established parliamentary routes Members may follow such as: tabling further questions; seeking to raise the issues on the Adjournment; or a complaint to the Public Administration Committee, that may seek to follow up the issue with Ministers.
	Alternatively Members may write to the appropriate Minister expressing their concern and setting out the information they are seeking. Such correspondence shall be treated by departments as a new request for information requiring a full internal review and fresh decision. The request will attract all the provisions and appeal mechanisms afforded by the Freedom of Information Act, including if necessary an appeal to the Information Commissioner.
	Any investigation by the Information Commissioner will therefore be related to the correspondence to the Minister and not extend to the answer to the parliamentary question or to any other parliamentary proceedings which are protected by parliamentary privilege. In addition the Cabinet Office plans to issue revised guidance to officials on drafting answers to parliamentary questions taking account of the Freedom of Information Act.

DEFENCE

Baton Rounds (Northern Ireland)

Adam Ingram: On 23 October 2002, I placed in the Library of the House details of the guidelines on the rules of engagement for the use of plastic baton rounds in Northern Ireland by the armed forces. We did this as an exceptional measure aimed at building confidence in Northern Ireland following a request from the Northern Ireland Human Rights Commission.
	The guidelines were updated in the light of a recommendation made by the independent assessor of military complaints procedures and placed in the Library of the House on 15 May 2003.
	The guidance has been further updated to take account of lessons learned from training and operations and as part of our commitment to review baton round guidance in consultation with the Association of Chief Police Officers. A copy has been placed in the Library of the House.

Ronald Maddison

Ivor Caplin: I wrote yesterday to the solicitors acting for the Maddison family apologising for the fact that Ministry of Supply employees at the Chemical Defence Experimental Establishment at Porton Down Wiltshire proceeded with a test involving Ronald George Maddison on 6 May 1953, which led to his death. This was undertaken notwithstanding the fact that an identical test on 4 May 1953 resulted in an adverse blood test result in one serviceman.
	The Ministry of Defence has not received a formal claim for compensation from the next of kin of Mr. Maddison. However, any claim for compensation from his family would be considered favourably on the basis of the negligence referred to above.
	The Ministry of Defence intends to challenge, by way of judicial review, the inquest verdict of unlawful killing.

DEPUTY PRIME MINISTER

Gypsy Sites

Keith Hill: I am announcing today the publication for consultation of the new planning Circular "Planning for Gypsy and Traveller Sites". The new Circular will replace DoE Circular 1/94 "Gypsy Sites and Planning".
	The advice in the Circular covers the procedures to be followed in ensuring that the planning system recognises, protects and facilitates the traditional lifestyle of Gypsies and Travellers by identifying and making provision in developments plans for their land and accommodation requirements.
	It is the Government's intention that the accommodation needs of Gypsy and Traveller communities should be part of the mainstream of the plan-led system. The guidance contained in the Circular should result in a greater proportion of this need being provided for on sites allocated in development plans, providing greater certainty both for Gypsies and Travellers and local residents and reducing the need for local authorities to enter into lengthy and expensive enforcement actions against unauthorised sites.
	The new Circular also updates the definition of Gypsies and Travellers to reflect the fact that many stop travelling permanently or temporarily because of health reasons or caring responsibilities but still want to maintain their traditional lifestyle.
	The consultation will run until 18 March 2005. Copies of the consultation documents have been placed in the Libraries of both Houses and are available to download from the Office of the Deputy Prime Minister's website.

Gypsy Site Refurbishment Grant

Keith Hill: I am today announcing the details of the successful bids under the second round of the Gypsy Site Refurbishment Grant for 2004–05. Under the first round, £4.82 million was allocated in April of this year, with a further £2.54 million now being paid in the second round.
	The existing network of over 300 local authority authorised sites represents a valuable resource for Gypsies and Travellers. With the aid of this grant, local authorities are able to ensure that Gypsies and Travellers have access to high quality accommodation and that the networks of sites continues to meet the needs of the Gypsy and Traveller community into the future. The successful bids are:
	The City of Bradford Metropolitan District Council (£10,425 for the Mary Street site).
	East Cambridgeshire District Council (£42,700 for the First Drove site).
	Herefordshire Council (£300,000 for the Graftons site).
	Manchester City Council (£1,157,250 for the Fairholme site).
	Shropshire County Council (£63,525 for the Craven Arms site).
	The London Borough of Southwark (£820,875 for the Springtide and Burnhill site).
	West Sussex County Council (£141,900 for the Horsgate site).

EDUCATION AND SKILLS

Children Act Report

Margaret Hodge: I have today placed copies of the Children Act report for 2003 in the Libraries of both Houses. This statutory requirement, as part of the Children Act 1989 (s83(6)), is met each year by drawing together information relating to research, statistics and inspection findings, which are consolidated to create a report.

FOREIGN AND COMMONWEALTH AFFAIRS

Biological Weapons Convention

Denis MacShane: Members will wish to be aware of the outcome of the recent discussions in Geneva on the two subjects set for discussion by states party to the biological and toxin weapons convention (BTWC) in 2004. States party were mandated to discuss and promote common understanding and effective action on strengthening national and international efforts and existing mechanisms for the surveillance, detection, diagnosis and combating of infectious diseases affecting humans, animals and plants; and on promoting common understanding and effective action on the effects of cases of alleged use of biological or toxin weapons or suspicious outbreaks of disease.
	On the concluding day of the meeting of states party to the BTWC, which took place from 6–10 December, there was agreement by consensus on a politically binding report where, inter alia, states party recognised the international aspect of these subjects and their relevance to the object and purpose of the BTWC, and agreed on the value of the following actions:
	supporting the existing networks of relevant international organisations for the surveillance, detection, diagnosis and combating of infectious diseases and acting to strengthen the World Health Organisation(WHO), Food and Agriculture Organisation (FAO) and World Organisation for Animal Health (OIE) programmes, within their mandates, for the continued development and strengthening of, and research into, rapid, effective and reliable activities for the surveillance, detection, diagnosis and combating of infectious diseases, including in cases of emergencies of international concern;
	improving, wherever possible, national and regional disease surveillance capabilities, and, if in a position to do so, assisting and encouraging, with the necessary agreement, other states party to do the same;
	working to improve communication on disease surveillance, including with the WHO, FAO and OIE, and among states party;
	continuing to develop their own national capacities for response, investigation and mitigation, in cooperation with the relevant international and regional organisations, and, if in a position to do so, assisting and encouraging, with the necessary agreement, other states party to do the same;
	the sixth review conference in 2006 considering, inter alia, the further development of current procedures for the provision of assistance, by those in a position to do so, to states party in cases of alleged use of biological weapons or suspicious outbreaks of disease.
	The preceding meeting of experts held in Geneva in July had prepared the way for this political decision making. At this earlier meeting, levels of attendance and participation were excellent with 87 states party contributing to international discussion and sharing of expertise on these subjects. For the United Kingdom, experts from across Whitehall made nine presentations which were well received.
	That so many other states party sent experts from capitals and took an active part is an indication to us that delegations recognised both the importance of the two subjects and also the value of the work programme more generally in contributing to strengthening the BTWC. The success of the July meeting was reinforced at the December meeting of states party where states party, in their national statements, welcomed the substantial exchange of information.
	The United Kingdom was grateful to the chair, Mr. Peter Goosen of South Africa, for the efforts he made to achieve consensus on a report that reflected the commonality of views and approaches that were demonstrated at the meetings. We believe that this has again demonstrated to the wider arms control community that the intersessional process has value.
	The continued success of this process is particularly important to the UK as we look ahead to 2005 and our own chairmanship of the meetings of states party. Ambassador John Freeman, UK permanent representative to the conference on disarmament, was elected on the final day of this year's meeting as the chair. The subject for consideration will be "the content, promulgation, and adoption of codes of conduct for scientists". UK national preparations for this began in 2003. We have held a series of seminars with representatives of academia, NGOs and industry to seek their views and to assist in developing our ideas for next year. Ambassador Freeman wrote to states party on the final day of the 2004 meeting with some initial thoughts on the work ahead. The UK will continue to work co-operatively both nationally and internationally through 2005.
	I will keep the House informed of developments and outcomes in 2005.

FOREIGN AND COMMONWEALTH AFFAIRS

EU Code of Conduct on Arms Exports

Jack Straw: During my oral answer to the right hon. and learned Member for Devizes (Mr. Ancram) on 14 December 2004, Official Report, column 1515, I said the following: "Following an initiative by my predecessor, my right hon. Friend the Member for Livingston (Mr. Cook), we now have a legally enforceable EU code of conduct on arms sales". I would like to clarify this statement. The code of conduct, as incorporated into the consolidated EU and national arms export licensing criteria, serves as binding statutory guidance to the Government in our assessment of applications for strategic export licences under section 9(5) of the Export Control Act. The Government is therefore required to have regard to the criteria set out in the Code when assessing such applications. Export licensing decisions may be subject to judicial review, including on the basis of failure to have proper regard to such criteria. However, the code of conduct is not per se directly legally enforceable before the UK or European courts.

HOME DEPARTMENT

Passports

Des Browne: I have decided that the process of establishing the identity of passport applicants needs to be strengthened by introducing a requirement for some applicants to attend a passport office in person. The UK Passport Service has commenced work on the practical arrangements, including the acquisition of some 70 new premises, and expects to be able to introduce the requirement from late 2006. Adults who have not previously held a British passport in their own name will then be required to attend for a short meeting before a passport can be issued. This will be combined with enhanced checking of the information applicants provide.
	This is part of a programme of improvements being developed by the UKPS to meet current and future needs for the security of passports as documents of identity. The programme will counter the misuse of passports in connection with illegal immigration, organised crime and terrorism. It will give individuals better protection from identity theft.
	The UK is one of only a few western countries that does not currently require personal attendance before issuing a passport. The ability to send applications by post allows fraudsters to apply in false or stolen identities without fear of arrest and to make multiple applications in the hope of getting one through. It allows the possibility of passports being applied for with the photographs of people who are outside the UK and seeking to enter illegally. With the enhancements to the security of the passport document itself that biometric technology will bring, I have decided it is time to make equivalent enhancements to the process of establishing identity before issuing passports.
	The requirement may in future be extended to other types of passport applications. This will certainly be the case if enrolment of fingerprints or iris images becomes necessary for passports or for identity cards. The process and infrastructure that UKPS is developing will therefore have the ability also to act as a building block for a future ID card enrolment network and system.

Kent Acts Report

Hazel Blears: The Kent Acts report has been published today by command of Her Majesty. Copies of the report are available in the Vote Office and in the Library.
	The report highlights how the implementation of the Kent County Council Act 2001 and the Medway Council Act 2001 (the Kent Acts) in Kent has contributed to overall falls in acquisitive crime in the county and asserts that national legislation would, if enacted, have benefits.
	Further consultation will be undertaken in the new year to fully investigate the case for national legislation.

Budd Report

Charles Clarke: Sir Alan Budd has today delivered the report of his investigation into the handling by the Home Office of the application for indefinite leave to remain submitted by Leoncia Casalme in April 2003.
	I welcome the report and thank Sir Alan and his team for their hard work in producing it so quickly. I particularly welcome his statement that he received full co-operation from the previous Home Secretary, my right hon. Friend the Member for Sheffield, Brightside (Mr. Blunkett) and Home Office officials and that he does not believe that there was any attempt to destroy, conceal or withhold documents or information that was relevant to the inquiry.
	The report sets out in detail how this case was handled and we need to learn from it. What went wrong here is that a case in which a Minister turned out to have a personal interest was dealt with, without that interest being clearly recorded. I have therefore asked the Permanent Secretary to ensure there are clear and formal rules for handling and recording all cases that are drawn to Ministers' attention.
	My right hon. Friend the Member for Sheffield, Brightside took full responsibility for this matter and resigned last week. I believe on the basis of this authoritative report the matter should now be closed.

TRADE AND INDUSTRY

National Physical Laboratory

Patricia Hewitt: In 1998 the DTI entered into a PFI arrangement with the contractor, Laser (Teddington II) Limited (Laser), to build and subsequently maintain new science facilities at the National Physical Laboratory at Teddington.
	During construction of the facilities, Laser encountered a number of technical difficulties that significantly delayed completion and increased costs to a level that threatened the project's viability. In July this year Laser approached the Department with a proposal that an agreed termination of the PFI project represented the best available option for resolving these difficulties.
	DTI has now agreed with Laser and their lenders to the termination of the PFI project on the following basis. The Department has made a termination payment of £75 million, based upon the principles of the termination provisions of the project agreement. This means that full ownership of, and responsibility for, the new facilities, which have an insurance value of £120 million, have been transferred back to the DTI.
	Following this termination payment, net liabilities of £73 million on DTI's balance sheet will be extinguished and the Department will make significant cash savings from fees that would otherwise have been made in payment for the new facilities between now and 2023.
	This is an example of how the risk transfer principles of PFI arrangements can operate, with appropriate risks being ultimately transferred to the private sector to the benefit of the taxpayer.
	DTI intends, wherever possible, to put to competitive tender the construction work needed to complete the facilities. DTI has also exercised its right to step into, in place of Laser, the support services management agreement, made between Laser and Serco Limited for the provision by Serco of support services at the site, thereby ensuring uninterrupted provision of these services.
	The DTI is confident that these arrangements will enable the outstanding work on the new facilities to be completed so that NPL can continue to deliver world-class science and vital support for innovation, consistent with value for money for the taxpayer.

WORK AND PENSIONS

Occupational Pensions (Directive 2003/41/EC)

Malcolm Wicks: We have today placed in the Library copies of the transposition note setting out how the UK Government are implementing the provisions of directive 2003/41/EC, which concerns the activities and supervision of institutions for occupational retirement provision.
	Although the Pensions Act 2004 is the principal legislative vehicle for fulfilling this obligation, there will also be some limited use of the regulation-making provisions of the European Communities Act 1972.